Kaplan v. Department of Health

Full title: Eric KAPLAN, D.C., Petitioner, v. DEPARTMENT OF HEALTH, Respondent

Court: District Court of Appeal of Florida, First District

Date published: Nov 5, 2004

886 So. 2d 279 (Fla. Dist. Ct. App. 2004)

Opinion

No. 1D04-4342.

November 5, 2004.

Petition for Writ of Mandamus — Original Jurisdiction.

Edwin A. Bayo of Gray Robinson, P.A., Tallahassee, for petitioner.

No appearance for respondent.

PER CURIAM.

The petition for writ of mandamus is denied as legally insufficient. Mandamus will lie to require the performance of a ministerial duty imposed by law on a public official or agency. See Sancho v. Joanos, 715 So.2d 382 (Fla. 1st DCA 1998). However, petitioner has failed to identify any legal authority imposing on the Department of Health a clear and indisputable duty to take the action he seeks to compel.

PETITION DENIED.

BOOTH, BARFIELD and ALLEN, JJ., concur.